Contracts/do you have them

moose02 · #1 (**permalink**) 03-29-2008, 09:16 AM

What do you guys have in your contracts, do you have your client sign anything or is it just verbal. I would like to see us have something on paper but I'm unsure of what to put? thanks for the input

zackkcaz · #2 (**permalink**) 03-29-2008, 11:56 AM

do a search on contract agreements, there are some th you can download from here as well that help alot, but you also have to look into your state/province laws, and consult a lawyer to oversee it.

Stonehenge · #3 (**permalink**) 03-29-2008, 11:58 AM

How to Write a Landscaping Contract

moose02 · #4 (**permalink**) 03-29-2008, 11:15 PM

sorry forgot to mention I'm talking more just grounds keeping not paver etc.

TrickyDick · #5 (**permalink**) 03-30-2008, 10:39 AM

Doesn't matter what service you're providing....contract is important.

Stonehenge · #6 (**permalink**) 03-30-2008, 11:13 AM

Just substitute the service types in the sample linked to from that page with the types you offer. Write it in a way that limits your liability. Then send it over to your attorney to look it over and suggest any wording changes. Might only cost $150-$300, but save you many thousands down the road.

GLAN · #7 (**permalink**) 03-30-2008, 03:19 PM

contracts are a must.

As far as I know.........I don't know of any State that doesn't require one for pesticide use.

jshilan · #8 (**permalink**) 03-30-2008, 05:24 PM

Here in NJ any work that has a value of $250 or more must have a signed contract with a customer before you provide any service. If you do not have a signed contract (and this goes for change orders too) and the client disputes your agreement you can be sued for consumer fraud (which has a fine and possible imprisonment) and they can collect triple damages (three times the value of the contract). I'm sure court costs and attorneys fees would be added to that as well.

Contracts are for your protection as much as it is for the client. If there is a disagreement, the only thing that matters (legally) is what is in the contract and what was signed for. Anything that is verbal has no value or clout.

Get everything signed before and during the project this way there is little room for "favors" or miscommunication. Let clients decide if they want to pay for extras before you do them. Minimally get a change order that describes any additional work and list it as T&M and have them sign that.

I know NJ is crazy when it comes to lawsuits (that's why our insurance is so high) but it doesn't mean you should leave the door open for potential problems.

Presenting and signing a contract is not about trust, it is about business. Handshakes were fine 100 years ago. Today a handshake is only as good as the contract and deposit that goes with it.

Tucson Landscap · #9 (**permalink**) 03-30-2008, 09:10 PM

I'm always surprised by the number of landscape contractors who don't have their prospective clients sign contracts.

We always have agreements signed by our clients. I have a comprehensive agreement for monthly landscape maintenance clients. I always include an automatic 5% annual increase in these agreements. I create these agreements in Word.

I use Groundskeeper Pro for generating all one-time job estimates. This program is fairly inexpensive and can do all your paperwork for you. The estimate has a "Terms of Agreement" page that can be edited. It also remembers all your pricing on previous jobs so you don't have to remember. It was well worth the cost.

Always have a contract!